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2023 Supreme(Online)(MP) 2112

HIGH COURT OF MADHYA PRADESH
Smt. Vimla Devi – Appellant
Versus
Bhuvaneshwar Prasad Mishra – Respondent


Advocates:
Pawan Kumar Singh Sengar,

ORDER

This is a petition assailing the order dated 09.02.206 (Annexure-

    P/6) passed by the trial Court in Case No.H.M.A.38-A/14.

2 . Learned counsel for the petitioner contends that respondent/husband have moved a petition under Section 12 of the Hindu Marriage Act on the allegations against the petitioner/wife as regards the impotency. An application under Section 151 of CPC was also moved by the respondent/husband seeking medical examination of the petitioner/wife. The said application has been allowed by the Court below.

3 . Learned counsel contends that the order passed by the Court below on 09.02.2016, suffers from perversity inasmuch as, there could not have been an order of medical examination inasmuch as, the petitioner has not averred in the entire petition as to what efforts were made by the petitioner after marriage to get petitioner/wife medically examined and directly, the petition was filed on the ground that the wife is impotent. Thus, this important aspect of the matter was required to be taken into consideration by the trial Court. Unfortunately, the trial Court proceeded to decide the application in a purely mechanical manner and a




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